Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Sexuality and the Law (30)
- Law and Gender (13)
- Law and Society (11)
- Constitutional Law (9)
- Family Law (9)
-
- Civil Rights and Discrimination (7)
- Arts and Humanities (5)
- Feminist, Gender, and Sexuality Studies (5)
- Gender and Sexuality (5)
- Social and Behavioral Sciences (5)
- Sociology (5)
- Women's Studies (5)
- Juvenile Law (4)
- Criminal Law (3)
- Criminal Procedure (3)
- Family, Life Course, and Society (3)
- Health Law and Policy (3)
- Human Rights Law (3)
- International Law (3)
- Jurisprudence (3)
- Legal History (3)
- Medicine and Health Sciences (3)
- Comparative and Foreign Law (2)
- Econometrics (2)
- Economics (2)
- Estates and Trusts (2)
- Feminist Philosophy (2)
- Health Policy (2)
- Immigration Law (2)
- Institution
- Publication Year
- Publication
-
- Faculty Publications (18)
- Articles in Law Reviews & Other Academic Journals (9)
- Elisabeth Haub School of Law Faculty Publications (7)
- All Faculty Scholarship (6)
- Working Paper Series (5)
-
- Rutgers Law School (Newark) Faculty Papers (2)
- College of Law - Faculty Scholarship (1)
- College of Law Faculty Scholarship (1)
- Cornell Law Faculty Publications (1)
- Journal Articles (1)
- Law Faculty Publications (1)
- Scholarly Works (1)
- The Ohio State University Moritz College of Law Working Paper Series (1)
Articles 1 - 30 of 54
Full-Text Articles in Law
Accommodating Competition: Harmonizing National Economic Commitments, Jonathan Baker
Accommodating Competition: Harmonizing National Economic Commitments, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
This article shows how the norm supporting governmental action to protect and foster competitive markets was harmonized with economic rights to contract and property during the 19th century, and with the development of the social safety net during the 20th century. It explains why the Constitution, as understood today, does not check the erosion of the entrenched but threatened national commitment to assuring competitive markets.
How Does A Radical Lesbian Feminist Who Just Knows How To Holler Somehow Become A Noted Legal Scholar, Nancy Polikoff
How Does A Radical Lesbian Feminist Who Just Knows How To Holler Somehow Become A Noted Legal Scholar, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Concord With Which Other Families: Marriage Equality, Family Demographics, And Race, Nancy Polikoff
Concord With Which Other Families: Marriage Equality, Family Demographics, And Race, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
From Third Parties To Parents: The Case Of Lesbian Couples And Their Children, Nancy Polikoff
From Third Parties To Parents: The Case Of Lesbian Couples And Their Children, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Sexual Orientation-Based Violence In Hong Kong, Rebecca L. Stotzer, Holning S. Lau
Sexual Orientation-Based Violence In Hong Kong, Rebecca L. Stotzer, Holning S. Lau
Faculty Publications
No abstract provided.
Law, Sexuality, And Transnational Perspectives, Holning S. Lau
Law, Sexuality, And Transnational Perspectives, Holning S. Lau
Faculty Publications
No abstract provided.
Beyond Our Hearts: The Ecology Of Couple Relationships, Holning S. Lau
Beyond Our Hearts: The Ecology Of Couple Relationships, Holning S. Lau
Faculty Publications
No abstract provided.
Scalia’S Ship Of Revulsion Has Sailed: Will Lawrence Protect Adults Who Adopt Lovers To Help Ensure Their Inheritance From Incest Prosecution?, Terry L. Turnipseed
Scalia’S Ship Of Revulsion Has Sailed: Will Lawrence Protect Adults Who Adopt Lovers To Help Ensure Their Inheritance From Incest Prosecution?, Terry L. Turnipseed
College of Law - Faculty Scholarship
SCALIA’S SHIP OF REVULSION HAS SAILED: WILL LAWRENCE PROTECT ADULTS WHO ADOPT LOVERS TO HELP ENSURE THEIR INHERITANCE FROM INCEST PROSECUTION? Terry L. Turnipseed Associate Professor of Law Syracuse University College of Law in•cest (ĭn'sěst') Sexual relations between family members or close relatives, including children related by adoption. There is a growing trend in this country – startling to many – of adopting one’s adult lover or spouse for various reasons, mostly inheritance-based. Should one who adopts his or her adult lover or spouse be prosecuted for incest? Think about it: the person is having sexual relations with his or …
Would A Constitutional Amendment Protect And Promote Marriage In North Carolina? An Analysis Of Data From 2000 To 2009, Holning S. Lau
Would A Constitutional Amendment Protect And Promote Marriage In North Carolina? An Analysis Of Data From 2000 To 2009, Holning S. Lau
Faculty Publications
No abstract provided.
Teaching Values, Teaching Stereotypes: Sex Ed And Indoctrination In Public Schools, Jennifer S. Hendricks
Teaching Values, Teaching Stereotypes: Sex Ed And Indoctrination In Public Schools, Jennifer S. Hendricks
College of Law Faculty Scholarship
Many sex education curricula currently used in public schools indoctrinate students in gender stereotypes. As expressed in the title of one article: “If You Don’t Aim to Please, Don’t Dress to Tease,” and Other Public School Sex Education Lessons Subsidized by You, the Federal Taxpayer (Jennifer L. Greenblatt, 14 TEX. J. ON C.L. & C.R. 1 (2008)). Other lessons pertain not only to responsibility for sexual activity but to lifelong approaches to family life and individual achievement. One lesson, for example, instructs students that, in marriage, men need sex from their wives and women need financial support from their husbands. …
The Effects Of Legally Recognizing Same-Sex Unions On Health And Well-Being, Holning S. Lau, Charles Q. Strohm
The Effects Of Legally Recognizing Same-Sex Unions On Health And Well-Being, Holning S. Lau, Charles Q. Strohm
Faculty Publications
No abstract provided.
Grounding Conversations On Sexuality And Asian Law, Holning S. Lau
Grounding Conversations On Sexuality And Asian Law, Holning S. Lau
Faculty Publications
No abstract provided.
Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig
Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig
Law Faculty Publications
Same-sex couple rights are the topic of much discussion and debate. There are court challenges to the constitutionality of the Defense of Marriage Act (“DOMA”) as well as proposed marriage statutes. The message and the structure for the recognition of same-sex rights need to be modified. This Article proposes applying, for the first time in the area, modern sociology theory, specifically Diffusion Theory, to change how the message is delivered. Using Diffusion Theory to change the message frame will change judicial decisions. By using the backdrop of the Florida adoption statute, a comparison between the successful challenges to the Florida …
Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why ‘Same’ Is So Different?, Macarena Saez
Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why ‘Same’ Is So Different?, Macarena Saez
Articles in Law Reviews & Other Academic Journals
This paper briefly explains the situation of same sex couples in countries that have opened marriage to individuals of the same sex, offers a summary and analysis of the status of same sex unions in several countries that have not opened marriage to same sex couples, and provides a comparative analysis of the most recurrent arguments used in the processes of recognition and denial of same sex unions in the countries reviewed.
Forty years ago, same sex couples were not legally accepted in any country. In the last thirty years, however, around 20% of the world has granted some rights …
What Is Due To Others: Speaking And Signifying Subject(S) Of Rape Law, Penelope J. Pether
What Is Due To Others: Speaking And Signifying Subject(S) Of Rape Law, Penelope J. Pether
Working Paper Series
Australian journalist Paul Sheehan's representation of the alleged and convicted immigrant Muslim/Arab rapists he demonises in 'Girls Like You', like his representation of the rape survivors in that text, has much to tell us about the law's production of rape law's speaking and signifying subjects, “real rape” victims and survivors, false accusers and perpetrators. This article uses a variety of texts, including 'Girls Like You', recent Australian rape law jurisprudence and legislative reform, texts involving two controversial recent US rape cases — one from Maryland and one from Nebraska — and a recent UK study on attrition in rape prosecutions, …
Abortion Across State Lines, Joseph W. Dellapenna
Abortion Across State Lines, Joseph W. Dellapenna
Working Paper Series
In this Article, I propose to analyze conflicts of law precedents and theory to explore the extent to which a state can apply its law on abortion to abortions performed outside the state but bearing a significant connection to the state. In attempting to resolve such questions, we enter into the domain of choice of law, part of the field of conflicts of law. This domain is notoriously unstable and contested. This instability allows legal commentators to project their attitudes towards abortion (and many other matters) in analyzing and construing the relevant authorities to resolve choice of law issues. I …
The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, Angela J. Davis, James E. Coleman Jr, Michael Gerhardt, K.C. Johnson
The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, Angela J. Davis, James E. Coleman Jr, Michael Gerhardt, K.C. Johnson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Bias In The Workplace: Consistent Evidence Of Sexual Orientation And Gender Identity Discrimination 1998-2008, M.V. Lee Badgett, Brad Sears, Holning S. Lau, Deborah Ho
Bias In The Workplace: Consistent Evidence Of Sexual Orientation And Gender Identity Discrimination 1998-2008, M.V. Lee Badgett, Brad Sears, Holning S. Lau, Deborah Ho
Faculty Publications
No abstract provided.
“Militant Judgement?: Judicial Ontology, Constitutional Poetics, And ‘The Long War’”, Penelope J. Pether
“Militant Judgement?: Judicial Ontology, Constitutional Poetics, And ‘The Long War’”, Penelope J. Pether
Working Paper Series
This Article, a contribution to the Cardozo Law Review symposium in honor of Alain Badiou’s Being and Event, uses Badiou’s theorizing of the event and of the militant in Being and Event as a basis for an exploration of problems of judicial ontology and constitutional hermeneutics raised in recent decisions by common law courts dealing with the legislative and executive confinement of “Islamic” asylum seekers, “enemy combatants” and “terrorism suspects,” and certain classes of criminal offenders in spaces beyond the doctrines, paradigms and institutions of the criminal law. The Article proposes an ontology and a poetics of judging equal to …
Sexual Orientation & Gender Identity: American Law In Light Of East Asian Developments, Holning S. Lau
Sexual Orientation & Gender Identity: American Law In Light Of East Asian Developments, Holning S. Lau
Faculty Publications
No abstract provided.
Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff
Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
The family has changed over time, as has the law concerning families and relationships. Thank goodness. Until recent decades, the law punished nonmarital sex, delineated separate spheres for men and women, and restricted the grounds for ending marriage. The sexual revolution, feminism, and the demand for divorce were the social phenomena that facilitated these changes. Today we take for granted that marriage is not the right dividing line for the rights and obligations of parents. We now must revise our laws to protect the economic security and emotional peace of mind of the full variety of today's families and relationships.
Impact On Oregon's Budget Of Introducing Same-Sex Domestic Partnerships, M.V. Lee Badgett, R. Bradley Sears, Elizabeth Kukura, Holning S. Lau, The Williams Institute
Impact On Oregon's Budget Of Introducing Same-Sex Domestic Partnerships, M.V. Lee Badgett, R. Bradley Sears, Elizabeth Kukura, Holning S. Lau, The Williams Institute
Faculty Publications
No abstract provided.
It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding
It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding
Working Paper Series
The effects of gay and lesbian parenting on children has been the touchstone issue in much of the recent state litigation on same sex marriage, with opponents of same sex marriage arguing that there is a rational basis for denying marriage rights to gays and lesbians because the central purpose of marriage is procreation and childrearing, but that children are harmed or disadvantaged when raised by gay or lesbian parents. To interrogate this claim, I critique the social science research that informs the concerns frequently expressed about the possible negative effects of lesbigay parenting on children's emotional, psychosocial, and sexual …
Marriage And The Elephant: The Liberal Democratic State's Regulation Of Intimate Relationships Between Adults, Maxine Eichner
Marriage And The Elephant: The Liberal Democratic State's Regulation Of Intimate Relationships Between Adults, Maxine Eichner
Faculty Publications
No abstract provided.
Toward A Third-Wave Feminist Legal Theory: Young Women, Pornography And The Praxis Of Pleasure, Bridget J. Crawford
Toward A Third-Wave Feminist Legal Theory: Young Women, Pornography And The Praxis Of Pleasure, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
This article critically examines a growing body of non-legal writing by women who have proclaimed a third-wave of feminism and suggests the ways that legal theory might be enriched by this work. Scholars typically label the nineteenth-century woman suffrage movement as the first wave of feminism, and view the legal and social activism of the 1970s as the second wave of feminism. The third wave of feminism, with its intellectual origins in the response to the Clarence Thomas Senate confirmation hearings, is a reaction to the popular stereotype that feminists are humorless man-haters. Third-wave feminists proclaim their difference from second-wave …
Beyond Interstate Recognition In The Same-Sex Marriage Debate, Gary J. Simson
Beyond Interstate Recognition In The Same-Sex Marriage Debate, Gary J. Simson
Cornell Law Faculty Publications
The national same-sex marriage debate has been dominated for the past decade by the interstate recognition issue. This article seeks to shift the focus of the debate to same-sex marriage prohibitions themselves and their incompatibility with several limitations of federal constitutional law.
After showing the legal irrelevance of the Defense of Marriage Act to the interstate recognition issue, the article addresses the proper resolution of that choice-of-law issue through the lens of a well-known New York Court of Appeals decision. In that case, despite New York's ban on uncle-niece marriage, the New York high court - one of the most …
Asians And Pacific Islanders In Same-Sex Couples In The United States: Data From Census 2000, Gary Gates, Holning S. Lau, R. Bradley Sears
Asians And Pacific Islanders In Same-Sex Couples In The United States: Data From Census 2000, Gary Gates, Holning S. Lau, R. Bradley Sears
Faculty Publications
No abstract provided.
Transcending The Individualist Paradigm In Sexual Orientation Antidiscrimination Law, Holning S. Lau
Transcending The Individualist Paradigm In Sexual Orientation Antidiscrimination Law, Holning S. Lau
Faculty Publications
No abstract provided.
Race And Ethnicity Of Same-Sex Couples In California, Gary Gates, Holning S. Lau, R. Bradley Sears
Race And Ethnicity Of Same-Sex Couples In California, Gary Gates, Holning S. Lau, R. Bradley Sears
Faculty Publications
No abstract provided.
Assessing The Harms Of Noncompliance With The International Covenant On Civil And Political Right's Protections Of Sexual Minorities, Holning S. Lau, The Williams Institute
Assessing The Harms Of Noncompliance With The International Covenant On Civil And Political Right's Protections Of Sexual Minorities, Holning S. Lau, The Williams Institute
Faculty Publications
No abstract provided.